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Full-Text Articles in Law

Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley Nov 2011

Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley

Don R Berthiaume

“The right to counsel is too important to be passed over for prosecutorial convenience or executive branch whimsy. It has been engrained in American jurisprudence since the 18th century when the Bill of Rights was adopted... However, the right to counsel is largely ineffective unless the confidential communications made by a client to his or her lawyer are protected by law.”[1] So said Senator Arlen Specter on February 13, 2009, just seven months before Congress chose to ignore the very privilege he lauded. Why then, if the right to counsel is as important as Senator Specter articulated, does Congress maintain …


Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey Oct 2011

Accounting For Federalism In State Courts - Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hillary J. Massey

Robert M. Bloom

After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court also has provided more leeway to federal officers in the past few decades, for example by limiting the scope of the exclusionary rule. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether …


Gone But Not Forgotten: When Privacy, Policy And Privilege Collide, Louise L. Hill Sep 2011

Gone But Not Forgotten: When Privacy, Policy And Privilege Collide, Louise L. Hill

Louise L Hill

No abstract provided.


Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon Aug 2011

Etchings On Glass: Reflections On The Science Of Proof, Louise Harmon

Louise Harmon

No abstract provided.


Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon Aug 2011

Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon

Louise Harmon

No abstract provided.


Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz Jun 2011

Admissibility Of Investigatory Reports In § 1983 Civil Rights Actions - A User's Manual, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel Apr 2011

The Business Records Exception To The Hearsay Rule - New Is Not Necessarily Better, Sidney Kwestel

Sidney Kwestel

No abstract provided.


Simplifying Discovery And Production- Using Easy Frameworks To Evaluate The 2009 Term Of Cases.Pdf, Eric Carpenter Dec 2010

Simplifying Discovery And Production- Using Easy Frameworks To Evaluate The 2009 Term Of Cases.Pdf, Eric Carpenter

Eric R. Carpenter

The military's discovery and production rules are fairly simple — if you can distinguish one from the other, which is not always an easy task. This article provides military practitioners with a set of tools for recognizing the differences between discovery and production rules. These tools are then applied to the 2009 term of military appellate cases which focused on discovery and production issues in order to illustrate whether the parties, the military judges, and the courts used sound reasoning in dealing with these issues.